Abbott v. Essex Co.
U.S. Circuit Court for the District of Massachusetts
[At law. Real action, by James A. Abbott and Hannah K. Abbott, his wife, demand-ants, against the Essex Company, tenants, to recover a parcel of land.] Both parties claimed under the will of John Kittredge. The demandants claimed that the will of John Kittredge created estates tail in equal moieties in each of his two sons John and Jacob, with cross remainders in fee-simple.
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[At law. Real action, by James A. Abbott and Hannah K. Abbott, his wife, demand-ants, against the Essex Company, tenants, to recover a parcel of land.] Both parties claimed under the will of John Kittredge. The demandants claimed that the will of John Kittredge created estates tail in equal moieties in each of his two sons John and Jacob, with cross remainders in fee-simple. The tenants claimed under Jacob Kittredge, to whom in his lifetime his brother had conveyed all his title; and they maintained that each of the two sons took a fee-simple, and that by way of executory devise, the share of…
1Opinion of the Court
CURTIS, Circuit Justice.
The question presented for the decision of the court is, whether John and Jacob Kittredge took estates tail under the will of their father, John Kittredge. The devise to them is in the following words:—
“I give to my sons, namely, John and Jacob Kittredge, all my lands and buildings in Andover aforesaid, (excepting the land I gave to my son Thomas aforesaid,) which buildings consist of dwellings, houses, barns, corn-house, grist-mill, and cider-mill, all -of every denomination; also all my live-stock *18of cattle, horses, sheep, and swine, and all my husbandry utensils of…
2Cases cited13 opinions
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Anderson v. JacksonNew York Supreme Court · 1819
- Richardson v. NoyesMassachusetts Supreme Judicial Court · 1806
- Godfrey v. HumphreyMassachusetts Supreme Judicial Court · 1836
- Hawley v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1811
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Yocum v. ParkerCourt of Appeals for the Eighth Circuit · 1904